Question re. poss shared custody and benefits, and also what next?

[propmeupplease]

H and I have separated very recently, at the moment we are still in the same house, and will be for the next few months (rental agreement ends in November), I will be moving back down south, closer to my family, and H says he will also move down because he want's to see as much of our children as he can. I have no problem with this, the split is amicable and we both just want what's best for the boys.

I am hoping to be able to find a private rent down there, and carry on my studies until youngest is at school and I can (hopefully) get a decent job to support us, until then, I will be claiming benefits.

H has a good chance of finding work fairly quickly, but at first may also need to claim benefits.

While he possibly isn't working, he has asked if we can share custody equally, I am willing for this to happen, but I don't know how this will effect either my own, or his, benefits. Does anyone know how this works?

I am having to wait till Saturday to set up a bank account in my name, at which point I will ring tax credits etc. etc. and obviously will find the answers but I wondered if anyone knows/are in a similar situation?

I would just like to make it very clear that neither one of us have ever claimed benefits before, we're not looking forward to it, but I can't see we've much choice at the moment. I could go and get a job, my family would provide childcare, but I've no qualifications and would be running dead end jobs forever, if I can finish the studies I am doing now we'll all hopefully be heading for a better future.

Sorry it's a bit long

I am sure that there will be others along in a mo to provide information, but I do know a few things, CB is paid to the resident parent, you need to establish this between yourselves.

50/50 share of child care would mean that he does not legally have to pay you any maintenance for the children.

If you are not working and a LP you will get child tax credits and once you have a job working tax credits, as longs as your income is under the threshold, with is/has just changed.

There is a calculator online which gives allows you to see what benefits you will be eligible for.

Good luck, I hope every thing works out for you.

I will be the resident parent.

Maintenance won't be a problem, I am 100% sure that he would not see the kids go without, if he has it, they'd have it.

Would you know what happens re. housing and council tax benefit?

The parent who gets the child benefit will be able to apply for housing benefit as a single parent with children. The other parent would only be able to apply for housing benefit as a single person.

I think council tax benefit is done as a "if you're getting housing benefit then you'll get council tax benefit, too" kind of thing (up to a reasonable maximum). I can't remember if child benefit makes a difference to this.

The parent who gets child benefit would also be able to apply for child tax credits whereas the other wouldn't.

As you have more than one child and are looking to split contact evenly then the usual advice is for one of you to claim child benefit for one child and the other for the other. That way you'll both be able to apply for housing benefit etc as single parents. I'd also give Gingerbread a call as they know all the ins and outs of this kind of thing.

50/50 share of child care would mean that he does not legally have to pay you any maintenance for the children.

Thank you everyone.

Problem is, if he can't get a job straight away, and so is reliant on benefits, there is no way he will be able to afford to rent somewhere big enough to have the kids stay.

Am I right in thinking that if I'm claiming income support that it legally has to go through the CSA?

So many questions, it's like a minefield, once I've got this bank account sorted, I can ring them and find all the answers, until then I am kind of in limbo. Though, Snorbs, thanks for that link, I've never heard of them, will take a good look and give them a call if needs be.

There is no longer any compulsion to have the CSA involved if claiming IS (thank goodness). You can now have a private arrangment, or none at all, and there are new rules too so that your IS claim is not affected by receiving maintenance i.e. you keep it all.

This might help and this is useful too.

Good luck.

Thanks Lankyalto, will read through your links as well.

It's not easy this seperating business, can't imagine how hard it must be for people who can't talk about it with each other.